Yoan Zouma was charged under the Animal Welfare Act.
Yoan has not played in a National League game since January, while Kurt has continued to play for the Hammers.
The club feels that any further suspension from the team would be detrimental to both the club and Yoan, they said in a statement on Wednesday.
A decision has been made for Yoan to play.
The club has the right to take further action after the court proceedings are over.
The younger Zouma apologized last month for his involvement in the video.
Both he and Kurt have been charged with animal welfare crimes.
Yoan came on as a substitute for the Daggers in their FA Trophy tie against York on Saturday and was an unused substitute in their league game with Yeovil the previous Tuesday.
The club continues to condemn all animal abuse, according to their statement.
The animals were removed from Kurt's home after the video appeared.
The process of bringing a prosecution against Kurt Zouma and Yoan Zouma under the Animal Welfare Act has begun.
The two cats are being looked after by the RSPCA. Once a court date is confirmed, we will be in a position to release more information.
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